DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AMES Australia
(AG2020/2849)

AMES AUSTRALIA TEACHERS’ ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 23 NOVEMBER 2020

Application for approval of the AMES Australia Teachers’ Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the AMES Australia Teachers’ Enterprise Agreement 2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by AMES Australia (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement lodged contained an administrative error at clause 5. The Employer filed an amended version of the Agreement correcting this error at the time the application was made. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s 586 of the Act.

[5] The Australian Education Union being a bargaining representative for the Agreement has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note that the Agreement covers the organisation.

[6] The Agreement is approved and in accordance with s 54 of the Act will operate from 30 November 2020. The nominal expiry date of the Agreement is 8 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the AMES Australia Teachers’ Enterprise Agreement 2020. The applicant, AMES Australia, sought the endorsement of the agreement, which had been negotiated with the relevant teachers' union. The dispute centred on whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The court had to determine if the agreement adhered to procedural fairness, if it was made without any coercion, and if it contained all the mandatory terms and conditions required by law.

The primary legal issues the court had to address were whether the agreement had been fairly and properly negotiated and if it complied with the mandatory provisions of the Fair Work Act 2009. The court examined the process by which the agreement was negotiated, including whether there was any undue influence or coercion exerted on the union or the employees. Additionally, the court assessed whether all the mandatory terms and conditions were included in the agreement, such as minimum rates of pay, leave entitlements, and other employment standards. The court also needed to ensure that the agreement did not disadvantage employees in terms of their rights and entitlements.

In reaching its decision, the court found that the negotiation process was conducted in good faith and without any coercion, thereby satisfying the requirements of procedural fairness. The agreement was found to include all the mandatory terms and conditions required by the Fair Work Act 2009. The court was satisfied that the agreement was made in the spirit of cooperation and mutual benefit, and it did not disadvantage the employees. Consequently, the court approved the AMES Australia Teachers’ Enterprise Agreement 2020. The approval was granted on the condition that the agreement be implemented in accordance with the Fair Work Act 2009.

AMES Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established